Eliminating Workplace Violence and Harassment | Enhancing Workplace Safety and Respect through New Legislation
Bill 166 aimed at enshrining the right of employees, employers and prospective employees to a work environment free from violence and harassment, was tabled in Parliament on the 26th February 2026.
The Bill introduces significant changes to the current legislative framework governing conduct in a work environment, broadening the scope of protection and introducing clearer obligations for employers and employees while aligning Maltese legislation with the standards set out in the ILO Violence and Harassment Convention, 2019 (Convention No. 190).
Amendment to Article 29: Clarification of Sexual Harassment
The Bill proposes an amendment to the marginal note of Article 29 of the principal Act. The existing term “Harassment” will be replaced with “Sexual Harassment”.
This amendment serves to distinguish sexual harassment from the broader concept of violence and harassment introduced in virtue of the new provisions.
Introduction of Article 29A
A key feature of the Bill is the introduction of Article 29A into Chapter 452 of the Laws of Malta. This new provision renders unlawful any behaviour that constitutes violence and/or harassment within a work environment.
The introduction of this article strengthens the obligation of both employers and employees to ensure mutual respect and dignity in the workplace. It establishes a clear legal framework prohibiting conduct that may harm or intimidate individuals in the process of employment.
Expanded Definitions
The Bill introduces several new definitions intended to broaden the scope of protection and clarify the application of the law.
1. Employee
The definition of employee is significantly expanded. Protection will extend beyond individuals in standard employment relationships to include interns, volunteers, individuals whose employment has been terminated, and prospective employees, including job applicants and job seekers.
This broader definition ensures that individuals who interact with a workplace, even outside a traditional employment contract, are afforded protection against violence and harassment.
2. Work Environment
The Bill also introduces a wider interpretation of what constitutes a work environment. Rather than being confined to the physical premises where employment duties are carried out, the definition will extend to other settings connected to work activities. These include journeys to and from the workplace, break rooms, work-related training sessions, and work-related travel. The concept of a work environment will also capture social gatherings.
3. Violence and Harassment
This term is described as “unacceptable behaviour, practices and omissions, or threats thereof, whether a single occurrence or repeated, that target, result in, or are likely to result in, physical, psychological, sexual or economic harm or suffering”.
This definition explicitly includes gender-based violence and harassment and reflects the terminology adopted by international labour standards.
Enforcement
Moreover, the Bill proposes several consequential amendments throughout Chapter 452 of the Laws of Malta to ensure the effective implementation of Article 29A.
Workplace violence and harassment may be addressed through existing enforcement mechanisms, including proceedings before the Industrial Tribunal. Importantly, the proposed amendments also introduce criminal sanctions in cases of breach, effectively criminalising certain forms of workplace bullying.
In essence, the proposed amendments make it unlawful for both employers and employees to engage in conduct that constitutes violence or harassment in the workplace. This includes behaviour that is physical, verbal, written, or conducted online, as well as situations where an individual creates or permits an environment that fosters intimidation, hostility, or an offensive and abusive atmosphere.
Bill 166 therefore represents a significant development in Maltese employment law, reinforcing the obligation to maintain respectful and safe working environments while bringing local legislation closer in line with international labour standards.
For more information you can contact one of our Team Members from the Employment Law Department at Mifsud & Mifsud Advocates.
